Difference between revisions of "Traffic Tickets"
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{{Dial-A-Law | {{REVIEWEDPLS | reviewer = [https://jcarrlawyers.com/jeremy-carr/ Jeremy Carr], Jeremy Carr & Asscociates|date= May 2018}} {{Dial-A-Law TOC|expanded = crime}} | ||
The police give out a '''violation ticket''' for less serious driving offences. Learn the options available if you get a traffic ticket, and the steps involved in disputing the ticket. | |||
==What you should know== | |||
===If you are charged with a more serious driving offence=== | ===If you are charged with a more serious driving offence=== | ||
If you are charged with a more serious driving offence, such as careless driving or hit and run, you will get written notice in the form of ''' | If you are charged with a more serious driving offence, such as careless driving or hit and run, you will get written notice in the form of an '''appearance notice''' or a '''summons'''. An appearance notice is given to you by a police officer at the time of the offence. A summons is mailed to you or personally delivered to you. These documents describe the offence you are charged with. They also tell you when you have to appear in court. | ||
At your | At your first appearance in court, you are asked how you '''plead''' (respond to the charge against you). If you plead not guilty, a '''trial''' date is set. At the trial, the police and possibly other witnesses tell the judge what they think happened, and you get a chance to do the same. The judge then decides whether you are guilty. | ||
For details on each step in the process, see our information on [[If You Receive an Appearance Notice or Summons | For details on each step in the process, see our information on [[If You Receive an Appearance Notice or Summons|if you receive an appearance notice or summons]] and [[Defending Yourself|defending yourself against a criminal charge]]. | ||
===If you are charged with a less serious driving offence=== | ===If you are charged with a less serious driving offence=== | ||
The police will give you a '''violation ticket''' (an ordinary traffic ticket) for less serious driving offences. It is used for many offences under provincial laws such as | The police will give you a '''violation ticket''' (an ordinary traffic ticket) for less serious driving offences. It is used for many offences under provincial laws such as [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html the ''Motor Vehicle Act''], including speeding, distracted driving, and running a red light. | ||
Read the ticket carefully, because it should show the offence you are charged with. The ticket will normally show a penalty beside each offence. Most driving offences are penalized with a '''fine'''. Depending on the offence, you may also receive '''penalty points''' against your driver’s licence or not be allowed to drive for a certain time. (For how penalty points can affect the premiums you pay for car insurance, see our information on [[The Points System and ICBC | Read the ticket carefully, because it should show the offence you are charged with. The ticket will normally show a penalty beside each offence. Most driving offences are penalized with a '''fine'''. Depending on the offence, you may also receive '''penalty points''' against your driver’s licence or not be allowed to drive for a certain time. (For how penalty points can affect the premiums you pay for car insurance, see our information on [[The Points System and ICBC|the points system and ICBC]].) | ||
You won’t be able to renew your car insurance or your driver's licence until you pay the fine or otherwise deal with the ticket. | You won’t be able to renew your car insurance or your driver's licence until you pay the fine or otherwise deal with the ticket. | ||
===If you don’t want to fight the ticket=== | ===If you don’t want to fight the ticket=== | ||
If you don't want to fight the violation ticket, you can '''pay the fine'''. If you pay it, you don't have to go to court, but a '''conviction''' is entered against you. | If you don't want to fight the violation ticket, you can '''pay the fine'''. If you pay it, you don't have to go to court, but a '''conviction''' is entered against you. | ||
There are many ways to pay traffic ticket fines: by phone, by mail, through your financial institution, at most Autoplan brokers and driver licensing offices, at government agent offices and court registries. | There are many ways to pay traffic ticket fines: by phone, by mail, through your financial institution, at most Autoplan brokers and driver licensing offices, at government agent offices and court registries. [http://www.icbc.com/driver-licensing/tickets/Pages/Paying-and-disputing-tickets.aspx See the ICBC website for details]. | ||
If you don’t fight the ticket within 30 days, you will be automatically convicted. | If you don’t fight the ticket within 30 days, you will be automatically convicted. | ||
===If you don’t pay the fine=== | ===If you don’t pay the fine=== | ||
If you don’t pay a fine, money to pay the fine can be taken out of your paycheck or bank account through a process called | If you don’t pay a fine, money to pay the fine can be taken out of your paycheck or bank account [[Garnishment (No. 251)|through a process called garnishment]]. You won’t be able to renew your driver's licence or car insurance until you pay the fine. The government might get a collection agency involved. Steps they take could hurt your credit rating. | ||
{| class="wikitable" | {| class="wikitable" | ||
| Line 35: | Line 32: | ||
Most traffic tickets over $58 are reduced by $25 if you pay them within 30 days. | Most traffic tickets over $58 are reduced by $25 if you pay them within 30 days. | ||
|} | |} | ||
===If you want to fight the ticket=== | ===If you want to fight the ticket=== | ||
You can '''dispute the ticket''' if you believe it was issued unfairly. You have '''30 days''' from the violation date to dispute a ticket. | You can '''dispute the ticket''' if you believe it was issued unfairly. You have '''30 days''' from the violation date to dispute a ticket. | ||
If you dispute the ticket, a '''hearing''' date will be set. The hearing is conducted by a '''judicial justice''' in what is often called | If you dispute the ticket, a '''hearing''' date will be set. The hearing is conducted by a '''judicial justice''' in what is often called '''Traffic Court'''. We explain the steps involved in disputing a ticket shortly. | ||
If the justice finds you guilty at the hearing, they will normally fine you the same amount that is shown on the ticket. In some cases, they may increase the fine — for example, if you have a poor driving record. If you can show real financial hardship, they may reduce the fine unless the law sets a minimum fine for that offence. | If the justice finds you guilty at the hearing, they will normally fine you the same amount that is shown on the ticket. In some cases, they may increase the fine — for example, if you have a poor driving record. If you can show real financial hardship, they may reduce the fine unless the law sets a minimum fine for that offence. | ||
You might also receive penalty points against your driver’s licence. If you are guilty, penalty points are automatic — you can’t fight them in court. You may also not be allowed to drive for a certain time. | You might also receive penalty points against your driver’s licence. If you are guilty, penalty points are automatic — you can’t fight them in court. You may also not be allowed to drive for a certain time. | ||
===If you want to fight just the amount of the fine, or ask for time to pay=== | ===If you want to fight just the amount of the fine, or ask for time to pay=== | ||
You can dispute the amount of the fine, or ask for time to pay the fine, without going to court. You do so by | You can dispute the amount of the fine, or ask for time to pay the fine, without going to court. You do so by [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/provincial-vt-forms filling out two forms available on the BC government website] or at any court registry: | ||
*a '''violation ticket notice of dispute''' form | * a '''violation ticket notice of dispute''' form | ||
*a '''violation ticket statement and written reasons''' | * a '''violation ticket statement and written reasons''' | ||
On the second form, explain the reasons you’re asking for a lower fine or more time to pay. | On the second form, explain the reasons you’re asking for a lower fine or more time to pay. | ||
File both forms | File both forms [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations?keyword=provincial&keyword=court&keyword=locations at the court registry]. By doing this, you admit you are guilty of the offence on the violation ticket. | ||
A judicial justice will look at your forms and make one of the following decisions, which is mailed to you: | A judicial justice will look at your forms and make one of the following decisions, which is mailed to you: | ||
*'''Not approve your request'''. Then you must pay the fine immediately. | |||
*'''Reduce your fine'''. Then you must pay the reduced fine immediately. | * '''Not approve your request'''. Then you must pay the fine immediately. | ||
*'''Give you time to pay'''. The decision will set out when you have to pay by. | * '''Reduce your fine'''. Then you must pay the reduced fine immediately. | ||
*'''Reduce your fine and give you time to pay'''. The decision will set out the reduced amount and when you have to pay by. | * '''Give you time to pay'''. The decision will set out when you have to pay by. | ||
* '''Reduce your fine and give you time to pay'''. The decision will set out the reduced amount and when you have to pay by. | |||
==The steps in the process== | ==The steps in the process== | ||
| Line 66: | Line 63: | ||
Check the ticket for instructions on how to dispute it. You must register your dispute within '''30 days''' of getting the ticket. | Check the ticket for instructions on how to dispute it. You must register your dispute within '''30 days''' of getting the ticket. | ||
You can dispute the ticket in person or by mail. | You can dispute the ticket in person or by mail. | ||
You or someone on your behalf can dispute '''in person'''. Bring the ticket | You or someone on your behalf can dispute '''in person'''. Bring the ticket [https://www.icbc.com/locators/Pages/default.aspx?type=1 to any driver licensing office] or [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations?keyword=provincial&keyword=court&keyword=locations provincial court registry]. | ||
Or you can register your dispute '''by mail'''. | Or you can register your dispute '''by mail'''. [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/traffic/ptr021.pdf You can use the notice of dispute form] available [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/provincial-vt-forms on the BC government website]. Or you can write a letter saying you are disputing the offence and attaching a copy of the violation ticket. Mail the material to: | ||
:Ticket Dispute Processing | :Ticket Dispute Processing | ||
:Bag #3510 | :Bag #3510 | ||
:Victoria, BC, V8W 3P7 | :Victoria, BC, V8W 3P7 | ||
| Line 84: | Line 81: | ||
===Step 2. Prepare for the hearing === | ===Step 2. Prepare for the hearing === | ||
If you haven’t already done so, write notes about what happened. Make copies of any photos, maps or other documents you wish the court to consider. | If you haven’t already done so, write notes about what happened. Make copies of any photos, maps or other documents you wish the court to consider. | ||
Send the police a '''written request''' for a copy of all the information they have about the incident that resulted in the ticket, and the witnesses they intend to present in court (“the witnesses they intend to call”). | Send the police a '''written request''' for a copy of all the information they have about the incident that resulted in the ticket, and the witnesses they intend to present in court (“the witnesses they intend to call”). | ||
Prepare questions you may want to ask the police officer. | Prepare questions you may want to ask the police officer. | ||
{| class="wikitable" | {| class="wikitable" | ||
| Line 96: | Line 93: | ||
===Step 3. Attend the hearing=== | ===Step 3. Attend the hearing=== | ||
You must appear in person in court on the '''hearing date''' or have someone appear on your behalf. | You must appear in person in court on the '''hearing date''' or have someone appear on your behalf. | ||
At the hearing, the police officer and possibly other witnesses will tell the judicial justice what they think happened. You can do the same, by giving '''evidence'''. | At the hearing, the police officer and possibly other witnesses will tell the judicial justice what they think happened. You can do the same, by giving '''evidence'''. | ||
The officer goes first because you are '''presumed to be innocent'''. The police must prove their case beyond a reasonable doubt. If they provide no evidence or not enough evidence in the hearing, you will be found not guilty. | The officer goes first because you are '''presumed to be innocent'''. The police must prove their case beyond a reasonable doubt. If they provide no evidence or not enough evidence in the hearing, you will be found not guilty. | ||
After you give your evidence, each of you and the officer have an opportunity to summarize your case. The justice then decides whether you are guilty. | After you give your evidence, each of you and the officer have an opportunity to summarize your case. The justice then decides whether you are guilty. | ||
| Line 108: | Line 105: | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
You can have a family member or friend appear as your agent, or a lawyer appear on your behalf. Your agent or lawyer cannot give evidence on your behalf. But, with the justice’s permission, they can ask questions of witnesses and make submissions on your behalf. | You can have a family member or friend appear as your agent, or a lawyer appear on your behalf. Your agent or lawyer cannot give evidence on your behalf. But, with the justice’s permission, they can ask questions of witnesses and make submissions on your behalf. | ||
|} | |} | ||
== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
The '''Provincial Court of BC''' website includes a “Guide to Disputing a Ticket”. | The '''Provincial Court of BC''' website includes a “Guide to Disputing a Ticket”. | ||
* [http://www.provincialcourt.bc.ca/types-of-cases/traffic-and-bylaw-matters Visit website] | |||
The '''ICBC''' website explains how to dispute a ticket and pay fines. It also has a chart showing fines and penalty points for different offences. | The '''ICBC''' website explains how to dispute a ticket and pay fines. It also has a chart showing fines and penalty points for different offences. | ||
* [http://www.icbc.com/driver-licensing/tickets/Pages/default.aspx Visit website] | |||
{{Dial-A-Law_Navbox|type=courts}} | |||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
Latest revision as of 04:39, 16 September 2020
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jeremy Carr, Jeremy Carr & Asscociates in May 2018. |
The police give out a violation ticket for less serious driving offences. Learn the options available if you get a traffic ticket, and the steps involved in disputing the ticket.
What you should know
If you are charged with a more serious driving offence
If you are charged with a more serious driving offence, such as careless driving or hit and run, you will get written notice in the form of an appearance notice or a summons. An appearance notice is given to you by a police officer at the time of the offence. A summons is mailed to you or personally delivered to you. These documents describe the offence you are charged with. They also tell you when you have to appear in court.
At your first appearance in court, you are asked how you plead (respond to the charge against you). If you plead not guilty, a trial date is set. At the trial, the police and possibly other witnesses tell the judge what they think happened, and you get a chance to do the same. The judge then decides whether you are guilty.
For details on each step in the process, see our information on if you receive an appearance notice or summons and defending yourself against a criminal charge.
If you are charged with a less serious driving offence
The police will give you a violation ticket (an ordinary traffic ticket) for less serious driving offences. It is used for many offences under provincial laws such as the Motor Vehicle Act, including speeding, distracted driving, and running a red light.
Read the ticket carefully, because it should show the offence you are charged with. The ticket will normally show a penalty beside each offence. Most driving offences are penalized with a fine. Depending on the offence, you may also receive penalty points against your driver’s licence or not be allowed to drive for a certain time. (For how penalty points can affect the premiums you pay for car insurance, see our information on the points system and ICBC.)
You won’t be able to renew your car insurance or your driver's licence until you pay the fine or otherwise deal with the ticket.
If you don’t want to fight the ticket
If you don't want to fight the violation ticket, you can pay the fine. If you pay it, you don't have to go to court, but a conviction is entered against you.
There are many ways to pay traffic ticket fines: by phone, by mail, through your financial institution, at most Autoplan brokers and driver licensing offices, at government agent offices and court registries. See the ICBC website for details.
If you don’t fight the ticket within 30 days, you will be automatically convicted.
If you don’t pay the fine
If you don’t pay a fine, money to pay the fine can be taken out of your paycheck or bank account through a process called garnishment. You won’t be able to renew your driver's licence or car insurance until you pay the fine. The government might get a collection agency involved. Steps they take could hurt your credit rating.
| Tip
Most traffic tickets over $58 are reduced by $25 if you pay them within 30 days. |
If you want to fight the ticket
You can dispute the ticket if you believe it was issued unfairly. You have 30 days from the violation date to dispute a ticket.
If you dispute the ticket, a hearing date will be set. The hearing is conducted by a judicial justice in what is often called Traffic Court. We explain the steps involved in disputing a ticket shortly.
If the justice finds you guilty at the hearing, they will normally fine you the same amount that is shown on the ticket. In some cases, they may increase the fine — for example, if you have a poor driving record. If you can show real financial hardship, they may reduce the fine unless the law sets a minimum fine for that offence.
You might also receive penalty points against your driver’s licence. If you are guilty, penalty points are automatic — you can’t fight them in court. You may also not be allowed to drive for a certain time.
If you want to fight just the amount of the fine, or ask for time to pay
You can dispute the amount of the fine, or ask for time to pay the fine, without going to court. You do so by filling out two forms available on the BC government website or at any court registry:
- a violation ticket notice of dispute form
- a violation ticket statement and written reasons
On the second form, explain the reasons you’re asking for a lower fine or more time to pay.
File both forms at the court registry. By doing this, you admit you are guilty of the offence on the violation ticket.
A judicial justice will look at your forms and make one of the following decisions, which is mailed to you:
- Not approve your request. Then you must pay the fine immediately.
- Reduce your fine. Then you must pay the reduced fine immediately.
- Give you time to pay. The decision will set out when you have to pay by.
- Reduce your fine and give you time to pay. The decision will set out the reduced amount and when you have to pay by.
The steps in the process
Step 1. Dispute the ticket
Check the ticket for instructions on how to dispute it. You must register your dispute within 30 days of getting the ticket.
You can dispute the ticket in person or by mail.
You or someone on your behalf can dispute in person. Bring the ticket to any driver licensing office or provincial court registry.
Or you can register your dispute by mail. You can use the notice of dispute form available on the BC government website. Or you can write a letter saying you are disputing the offence and attaching a copy of the violation ticket. Mail the material to:
- Ticket Dispute Processing
- Bag #3510
- Victoria, BC, V8W 3P7
A notice of hearing will be mailed to you with the date and location of your hearing. It may be several months before you receive the notice of hearing.
| Tip
You have 30 days to dispute a traffic ticket. Your letter disputing the ticket must be postmarked within 30 days from the date you received the ticket. |
Step 2. Prepare for the hearing
If you haven’t already done so, write notes about what happened. Make copies of any photos, maps or other documents you wish the court to consider.
Send the police a written request for a copy of all the information they have about the incident that resulted in the ticket, and the witnesses they intend to present in court (“the witnesses they intend to call”).
Prepare questions you may want to ask the police officer.
| Tip
The violation ticket will show the officer’s name, number, organization and location. Send your request for information to the officer right after you send in your notice of dispute. |
Step 3. Attend the hearing
You must appear in person in court on the hearing date or have someone appear on your behalf.
At the hearing, the police officer and possibly other witnesses will tell the judicial justice what they think happened. You can do the same, by giving evidence.
The officer goes first because you are presumed to be innocent. The police must prove their case beyond a reasonable doubt. If they provide no evidence or not enough evidence in the hearing, you will be found not guilty.
After you give your evidence, each of you and the officer have an opportunity to summarize your case. The justice then decides whether you are guilty.
If the justice finds you guilty, they decide on the appropriate penalty. You may ask for a lower fine (there are some fines a justice cannot reduce because a minimum fine is set by law). You may ask for time to pay. A justice cannot reduce any penalty points. In more serious cases, the justice may order you not to drive for a period of time.
| Tip
You can have a family member or friend appear as your agent, or a lawyer appear on your behalf. Your agent or lawyer cannot give evidence on your behalf. But, with the justice’s permission, they can ask questions of witnesses and make submissions on your behalf. |
Who can help
With more information
The Provincial Court of BC website includes a “Guide to Disputing a Ticket”.
The ICBC website explains how to dispute a ticket and pay fines. It also has a chart showing fines and penalty points for different offences.
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